§ 20.08 PENALTY.
   Subd. 1. Illicit Discharges and Connections. Any person who violates any provision of § 20.04 shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by M.S. § 609.03. Each additional day that the property remains in violation of this section shall constitute a separate violation of this section and may be prosecuted accordingly. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this section, including, but not limited to, seeking a civil injunction or a restraining order.
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   Subd. 2. Construction Site Erosion and Sediment Control.
      A. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 1.99, General Penalty.
      B. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of §§ 4.80 through 4.89. Any person violating any of the provisions of §§ 4.80 through 4.89 shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of §§ 4.80 through 4.89 is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine or not more than $1,000 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of §§ 4.80 through 4.89 shall be required to bear the expense of such restoration.
   Subd. 3. Post-Construction Stormwater Management.
      A. Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of § 20.06 shall be punished by a fine of not more than $1,000 or by imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
      B. Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the (jurisdictional stormwater authority) may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
      C. Holds on Occupation Permits. Occupation permits will not be granted until corrections to all stormwater practices have been made and accepted by the jurisdictional stormwater authority.
(Ord. 622, passed 12-1-14)
2015 S-12